R. Daniel Scheid

REPORTED CASES:

  • Natural Wealth Real Estate, Inc. et al. v. Cohen, et al., 2008 WL 511761 (D. Colo. 2008)
  • Natural Wealth Real Estate, Inc. et al. v. Cohen, et al., 2007 WL 201252 (D. Colo. 2007)
  • Natural Wealth Real Estate, Inc. et al. v. Cohen, et al., 2006 WL 3833893 (D. Colo. 2006)
  • Greenberg & Associates, Inc., et al. v. Cohen, et al., 2005 WL 3527294 (D. Colo. 2005)
  • Hughes, et al. v. BCI International Holdings, Inc., et al., 452 F. Supp. 2d 290 (S.D.N.Y. 2006)
  • Student Marketing Group, Inc. v. College Partnership, Inc., 2005 WL 2027689 (D. Colo. 2005)
  • Wilson, et al. v. Amoco Corporation, 33 F.Supp.2d 981 (D.Wyo. 1998)
  • Wilson, et al. v. Amoco Corporation, 33 F.Supp.2d 969 (D.Wyo. 1998)
  • Phar-Mor Multi-District Securities Litigation, 166 B.R. 57 (W.D. Pa. 1994)
  • SaBell’s, Inc., et al. v. The City of Golden, et al., 832 P.2d 974 (Colo. App. 1991)
  • Mt. Emmons Mining Company, et al. v. Town of Crested Butte, et al., 690 P.2d 231 (Colo. 1984)

LITIGATION EXPERIENCE

Mr. Scheid has broad experience in the handling of complex commercial litigation matters, and has consistently achieved favorable results in many large, vigorously contested disputes. He represented one of the seven plaintiffs that went to trial for several weeks in the Phar-Mor Multi-District Securities litigation which was consolidated in the U.S. District Court of the Western District of Pennsylvania, and represented one of the four consolidated plaintiffs in the MiniScribe Securities Litigation in U.S. District Court for the District of Colorado. Mr. Scheid was also involved in the certification and representation of a class of local agricultural cooperatives that successfully asserted federal securities and breach of fiduciary duty claims against a large regional cooperative. Most recently, he prevailed in a two-week jury trial on bad faith and tortious interference claims against a large national insurance company.

His commercial litigation experience has also included cases involving breach of contract, fraud, business tort, professional negligence, and securities claims; breach of technology licensing agreements and misappropriation of trade secrets claims brought on behalf of inventors and licensors; breach of license and copyright infringement claims brought on behalf of an international communications product supplier; copyright infringement and trademark claims brought on behalf of clothing designers and distributors; trade dress claims brought and defended on behalf of a knife manufacturer; resolution of ownership and title disputes regarding mining claims and related properties; breach of mineral lease agreements brought on behalf of royalty owners; the pursuit and defense of construction-related claims (including mechanic’s lien actions) on behalf of architects, engineers, contractors, and other individuals and entities; the defense of class action and private environmental claims; the pursuit and defense of defamation, disparagement, and consumer protection claims; the pursuit of class action professional negligence claims; breach of loan and lease agreements brought on behalf of banks, equipment leasing companies, and other financial institutions; and the pursuit and defense of fraudulent transfer, preferential transfer, and dischargeability claims. He has pursued and defended cases brought in federal and state courts located in Colorado, Arizona, New Mexico, Wyoming, Utah, Iowa, Minnesota, Pennsylvania, and New York.

In addition, Mr. Scheid has experience representing secured and unsecured creditors in Chapter 11 and Chapter 7 bankruptcy proceedings, negotiation of non-bankruptcy loan workouts, and UCC matters. He has represented several large secured and unsecured creditors in such Colorado bankruptcies as Centrix Financial, Storage Technology Corporation, MiniScribe Corporation, SilverCreek Development Company, and Empire Oil and Gas Co. He also represented the liquidating trustee of the Oren L. Benton bankruptcy estate in complex commercial litigation matters concerning significant assets of the estate (including rights to minimum annual advance royalties on coal leases and former interests in the Colorado Rockies).

SIGNIFICANT LITIGATION MATTERS HAVE INCLUDED:

COMMERCIAL

  • MiniScribe Securities Litigation (D. Colo.) Represented one of the four consolidated plaintiffs in MiniScribe Securities Litigation in the U.S. District Court for the District of Colorado involving one of the largest accounting frauds and largest fraud settlements in the history of the state.
  • Phar-Mor Multi-District Securities Litigation (W.D. Pa.) Served as lead trial counsel for one of the seven plaintiffs that went to trial in the Phar-Mor securities litigation which was consolidated and tried in the U.S. District Court for the Western District of Pennsylvania, resulting in a multi-million dollar settlement for the client after two months of trial. Reported decision (regarding denial of motion to stay creditors’ actions): 166 B.R. 57 (W.D. Pa. 1994). (Ziegler, Chief J.).
  • Canyon Fuel Company v. Skyline Partners 1993 L.P. (D. Utah) Represented a lessor under a Sublease and Assignment Agreement with respect to defendant’s non-payment of minimum annual advance royalties due under federal coal leases located in the State of Utah. Plaintiff obtained a settlement which resulted in full payment of royalties due, costs, interest and attorneys fees, plus a new overriding royalty on adjacent lands.
  • David J. Beckman, Liquidating Trustee v. Colorado Rockies (D. Colo.) Represented the liquidating trustee for the Oren L. Benton bankruptcy estate with regard to claims brought against the Colorado Rockies’ ownership and management entities concerning the scope and terms of the bankruptcy estate’s ownership interest for a confidential sum.
  • Hughes v. BCI International Holding, Inc., et al. (S.D.N.Y.) Represented purchaser of securities with regard to fraud, negligent misrepresentation, Colorado Securities Act, unjust enrichment, estoppel, fraudulent conveyance, and breach of fiduciary duty claims against officers, directors, and other insiders of company purportedly engaged in business of developing bio-composites projects. Case was favorably settled prior to April 2007 trial. Reported decision (re: denial of motions to dismiss); 452 F. Supp. 2d 290 (S.D.N.Y. 2006) (Baer, J.).
  • Natural Wealth Real Estate, Inc. v. Cohen (D. Colo.)*. Represented registered investment advisers and licensed broker-dealer with regard to the defense of breach of contract and tort claims. Obtained dismissal of claims on summary judgment. Reported decision (re: dismissal of contract and tort claims on summary judgment); 2005 WL 3527294 (D. Colo.) (Babcock, Chief J.).
  • Szymankowski et al. v. Allstate Insurance Company et. al (Arapahoe County, Colorado District Court) Represented a former Allstate insurance agent with regard to tortious interference and breach of implied duties of good faith and fair dealing claims arising out of attempted sale of economic interest in book of business to a new agent. Two-week jury trial resulted in a substantial six-figure verdict for insurance agent.
  • Harold D. Caldwell v. Robert F. Barnes (Gilpin County, Colorado District Court) Represented property owner and assignees with regard to the recovery of title to mining claims and other properties wrongfully seized and conveyed by various third parties. Obtained recoveries pursuant to settlements reached in state court litigation in Gilpin County, Colorado and a bankruptcy court adversary proceeding commenced in the Southern District of Florida.
  • Weidenbach v. PVG Asset Management Corporation (Jefferson County, Colorado District Court) Represented an elderly couple with regard to breach of contract, fiduciary duty, negligence, and Colorado Securities Act claims brought against a registered investment adviser firm and control persons for mismanagement of a Pension Plan and IRA. Obtained confidential settlement shortly before trial.

CONSTRUCTION

  • Bebo Construction Co. v. BRW (Douglas County, Colorado District Court) Represented an engineer/inspector with regard to the defense of claims brought by a general contractor for damages allegedly caused by failure to detect fraudulently-installed anchor bolts on state highway bridge project. Obtained dismissal of claims on motion for summary judgment.
  • Torian Plum Holdings, Ltd., et al. v. Cresthills Inc. et al. (Denver County, Colorado District Court) Represented an inspecting architect with regard to the defense of claims brought by owners and project lenders for allegedly defective design and construction of a multi-use facility (hotel/condominium/restaurant/ shopping mall) in Steamboat Springs, Colorado, resulting in a favorable settlement prior to trial.
  • Pearson v. Cross Mountain Ranch (Routt County, Colorado District Court) Represented the owner of hunting lodge facilities with regard to construction cost and related matters, resulting in a favorable settlement prior to trial.

ENVIRONMENTAL

  • Wilson, et al. v. Amoco Corporation, Burlington Northern Railroad Company, et al. (D. Wyo.) Obtained denial of class certification in RCRA, Clean Water Act, and mass tort case brought in Wyoming federal district court, which resulted in significant reduction in, and negligible settlement of plaintiff’s claims; also obtained summary judgment dismissing Clean Water Act claims. Reported decisions (re denial of class certification and dismissal of claims: 33 F.Supp. 2d 969 (D. Wyo. 1998); 33 F.Supp. 2d 981 (D. Wyo. 1998)(Judge Brimmer)).

INTELLECTUAL PROPERTY

  • Icelandic Design v. The TJX Companies (D. Colo.) Represented a designer, manufacturer, and distributor of Nordic-style sweaters with respect to copyright infringement and trade dress claims brought against a large, national discount retailer, resulting in a favorable settlement shortly after commencement of the case.
  • Icelandic Design v. The Target Corporation (D. Colo.) Represented a designer, manufacturer, and distributor of Nordic-style ski hats and gloves with respect to copyright infringement and trade dress claims brought against a large, national discount retailer, resulting in a favorable settlement shortly before trial.
  • Spyderco v. Benchmade (D. Colo.) Represented a knife manufacturer with regard to the defense of breach of contract and the assertion of trademark/trade class counterclaims. Obtained favorable settlement on confidential terms shortly after commencement and removal of case to federal court.
  • Mitel, Inc., et al. v. Dean Communications Enterprises, Inc., et al. (D. Colo.) Represented an international communications products supplier in the pursuit of copyright infringement, breach of license agreement, and misappropriation of trade secrets claims. Obtained a large settlement for the client shortly prior to trial.
  • Gombas v. Ihly (Denver County, Colorado District Court) Participated in six-week jury trial which resulted in a seven-figure jury verdict for an inventor/licensor of patented and other intellectual property (high speed machinery) against a manufacturer/licensee based upon non-payment of royalties and misappropriation of trade secrets.